DCA entered default

[Vicky7772]

Hello, in 2005 I couldn't pay my debts so entered into a debt management plan with CCCS. One of my credit cards refused and said I should just pay £5 a month as a token payment which would be reviewed. I did this till roughly 2008 or 09 and then stopped due to illness. This would have been the last contact I made with them. However, I recently checked my credit file and a DCA has entered it as a default in 2013! Can they do this after this length of time?
Furthermore, the DCA have put that I entered into a payment arrangement with them and it shows some up to date green markers in 2012. I definitely didn't do this!
So now I want to send the credit card company a SAR to see when a default should have been entered but will this count as acknowledging the debt when it should be close to the 6 years? Can I get them to change the default to an earlier date? Are there clear rules that should be followed when entering a default? 5 years after the last contact seems ridiculous as now it will be another 5 years on my file for a debt I originally couldn't pay in 2005.

[FlamingParrot]

Re: DCA entered default

Welcome to LB

Hello, in 2005 I couldn't pay my debts so entered into a debt management plan with CCCS. One of my credit cards refused and said I should just pay £5 a month as a token payment which would be reviewed. I did this till roughly 2008 or 09 and then stopped due to illness. This would have been the last contact I made with them. However, I recently checked my credit file and a DCA has entered it as a default in 2013! Can they do this after this length of time?

In a word, NO! :mad2: The default date should remain the same even when the debt is assigned. A default would be when you break your contractual agreement to make payments, in this case in 2005, meaning there should be nothing showing on your credit file for this 9 years later, as defaults drop off after 6 years.

Furthermore, the DCA have put that I entered into a payment arrangement with them and it shows some up to date green markers in 2012. I definitely didn't do this!

You say above you haven't made any payments into this account since 2008/09, so this is clearly wrong.

So now I want to send the credit card company a SAR to see when a default should have been entered but will this count as acknowledging the debt when it should be close to the 6 years?

Absolutely not! A SAR is a request under the Data Protection Act for all data held about you. It's a request for information, not an admission of liability. :ranger:

Can I get them to change the default to an earlier date? Are there clear rules that should be followed when entering a default?

Yes, the rules are here: http://www.scoronline.co.uk/files/sc...ment_final.pdf

5 years after the last contact seems ridiculous as now it will be another 5 years on my file for a debt I originally couldn't pay in 2005.

Your first step should be to write to the DCA in question requesting the removal of the default on the basis that it dates back to 2005. If you have anything showing that was the case, it would help! :thumb:

If they refuse, your next step would be to complain to the ICO, but you can only do that after you've complained to the creditor. :rant:

You could also try contacting the CRAs directly, they'll often refer you back to the creditor but for the cost of a stamp, if may be worth a shot! :grin:

[Vicky7772]

Re: DCA entered default

Many thanks. That's really helpful. I'll send off a SAR to get some evidence of when I defaulted on payments then to prove the earlier default date.